Justice Mechanisms Research Articles

Re-conceptualising the Theory of Justice and the Needs of Victims of Sexual Violence in Nigeria: an Appraisal of a Victim Centered Approach

Abstract Background In the 21st century, the recognition of the rights and needs of victims of sexual violence has emerged as a fundamental discourse within international, regional, and local policy agendas. This has been influenced by the lasting psychological, emotional, and physical effects of sexual violence on the victims. These commentaries and agitation have spurred the need for alternative ways in which the Nigerian criminal justice system can be strengthened by incorporating criminal justice mechanisms and interventions that would enhance the needs and interests of victims in accessing justice despite its adversarial system of justice. Methods This study aims to appraise the different mechanisms of justice, needs, and interests of victims of sexual violence through a theoretical lens and drawing lessons from South Africa and Australia. To achieve this work, a doctrinal research methodology that utilized existing literature and secondary sources such as textbooks and online websites was adopted. Results The study found that there is a need for accountability for the protection of victims, implementation of legislation, and scaling up of resources for effective support services. In addition, the absence of resources, effective monitoring and compliance institutions, monitoring reports, specialized courts, and special regulations hampers the implementation of a victim-centered approach. Among others, the study recommends an all-inclusive criminal justice mechanism that would further incorporate a victim-centered approach towards advancing the rights and quality of justice for victims of Sexual Violence and the need for a victim impact statement to our criminal justice system for cases of sexual violence. Conclusion The study concludes that there is a need to make provisions for more effective alternative responses to incorporate the justice interests and needs of victims of sexual violence.

The lived experiences of Women's identities and intersections in accessing social justice within the Ghanaian informal legal system: A phenomenological investigation

In sub-Saharan Africa, there is insufficient formal justice infrastructure in many countries, so informal courts play a significant role. This paper examines the intersections of women's identities and access to social justice within Ghana's informal court system. Using an exploratory qualitative research approach, the study involved 15 women who utilised the informal court system. Findings indicate that traditional gender roles, social harmony-based adjudication, and the social consequences of court decisions on family households hinder women's access to justice. While these courts are accessible and affordable, their decisions primarily focus on reconciliation, failing to provide women with equal access to social justice. The study emphasizes the need for promoting gender equity, enhancing fairness in informal justice mechanisms, and creating supportive environments for women's access to justice. It suggests socio-legal reforms to address socio-cultural barriers and promote gender equality within informal justice systems.

Judicial Review of Administrative Regulations: Constitutional Justice vs Administrative Justice

The main purpose of the article is to discuss two forms of judicial control over administrative regulation (constitutional and administrative justice) and identify the problems related to the distribution of functions between them. The core of the research is the theoretical characterization of judicial review of administrative regulations and examination of Armenian practice. In particular, the article explains the essence and the features of administrative regulations and, on this basis, attempts to provide a scientifically grounded answer to the question of how their legality should be verified. As a result of the research, the author’s approach to the separation of the mechanisms of constitutional and administrative justice during judicial control over administrative regulations is presented. It is stated that the legality of administrative regulations can be verified within the framework of constitutional justice only in case the protection of human rights has not been ensured by the mechanisms of administrative one. This includes cases where legality of administrative regulations is discussed regarding their compliance with constitutional requirements.

Earth Rights for the Advancement of a Planetary Health Agenda.

This article discusses Earth's Rights as an environmental justice mechanism of reparation, protection, and justice for indigenous communities, environmental defenders, and other populations in Latin America. We argue that Earth's rights encompass and include the right to health and can be integrated into international human rights frameworks to protect all forms of life, responding to colonial legacies of discrimination and violence. We respond to the scarcity of literature discussing Earth's rights in relation to situations where human rights and Earth's rights are violated. We ground our argument in the theoretical conceptualization of Latin American proposals of Earth's rights and its potential for actionable policy approaches that include human health as inevitably interconnected to our planet's well-being. We address the environmental injustices that affect the right to health and argue that an Earth's rights framework can support reparations for historically marginalized communities.

Comparing universal jurisdiction in Europe and in Latin America: a vehicle for international justice or for colonial reckoning?

ABSTRACT A particular concern in recent years has been the limited options for prosecutions of persons responsible for atrocities in States not amenable to ICC jurisdiction. The need for accountability for atrocities builds on long histories of human rights and humanitarian law practice, both treaty-based and customary in nature, which has been driven also by the work of the ECtHR and the IACtHR mechanisms. At the domestic level, ever since the Pinochet decision, universal jurisdiction (UJ) has been considered a promising way to fill the lacuna. Indeed, some commentators have observed a resurgence in the use of UJ in recent years based on a number of trials of ex-ISIS and Syrian regime members in European courts. Yet UJ as it has been practised has serious limitations. While there are exceptions, many European states are steadily turning the exercise of UJ into the application of extraterritorial jurisdiction based on active or passive personality, especially in relation to their former colonies. In Latin America too, there have been some recent examples of investigations and prosecutions on the basis of ‘pure’ UJ, but the vast majority of exercises of jurisdiction are in furtherance of extraditions, particularly at the behest of former colonial powers. This article compares the recent uptick in European and Latin American usages of UJ, concluding that to date both regions still exhibit little appetite for pursuing ‘pure’ UJ. It warns that significant colonialist pressures in both regions threaten to limit this crucial mechanism for international justice.

Gender-Sensitive Approaches In Women's Involvement In Constitution-Making And Peacebuilding Processes In South Sudan

Constitutions play a pivotal role in shaping the political, economic, and social equality of both women and men. As the supreme law, they establish the state's framework, allocate political authority, delineate governance systems, dictate leadership selection, and safeguard fundamental rights. Constitutional reform presents a unique chance to reshape governance structures by enshrining women's rights, incorporating inclusive language, and establishing institutions that ensure and advance gender equality. In South Sudan, akin to many African nations, a pluralistic legal system merges customary practices, religious laws, common law, and statutory regulations. While customary and religious laws hold recognition, they remain unwritten, flexible, and often linked to ethnic concerns, varying across communities. Rooted in generations of tradition, these laws seek to uphold positive community values and norms. However, they frequently disadvantage women, despite the presence of traditional justice mechanisms that some argue are more accessible, cost-effective, prompt, and culturally apt. These alternative justice systems are deeply entrenched in patriarchal norms, often excluding women from comprehensive rights, including equitable participation in governance and decision-making bodies. Drawing lessons from post-conflict nations, this paper contends that the transformative potential of constitutions materializes when women capitalize on constitution reform opportunities to redefine the constitutional community's ambit, compelling the state to honor, safeguard, and fulfill women's rights

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

Network power and firm innovation: the moderating roles of power distance and procedural justice

PurposeThis study aims to investigate the influence of network power on exploratory and exploitative innovation and examines the moderating effects of power distance and procedural justice on these untested relationships.Design/methodology/approachThis study uses survey data collected from firms in China and explores the influential mechanisms of network power, power distance and procedural justice in firm innovation.FindingsThis study empirically shows that network power has an inverted U-shaped effect on exploratory and exploitative innovation. Power distance weakens the effect of network power on exploratory and exploitative innovation, and procedural justice enhances the effect of network power on exploratory and exploitative innovation.Research limitations/implicationsThis study extends resource dependence theory and contributes to the literature on innovation management. Future studies should use different collection channels or research methods to provide more evidence for model promotion. In addition, the dynamic power game among network members and the roles of other mediators or moderators warrant further consideration.Practical implicationsManagers should exercise power strategies properly and ensure that their innovation income exceeds expenditures. Managers need to pay serious attention to power distance and procedural justice in the network and formulate suitable cooperation strategies based on actual conditions.Originality/valueThis study applies the resource dependence theory to investigate the influence of network power on exploratory and exploitative innovation. In addition, the moderating roles of power distance and procedural justice in the above relationships, which have rarely been discussed in previous studies, were tested.

A Preliminary Agreement in Franchising Business - Risks and Challenges

This article constitutes a Preliminary Agreement in Franchising. The research process focuses on theoretical and practical aspects of legal issues that concern franchise agreement. This article represents problematic legal issues, experience and tradition in legalizing pre-sale information disclosure plays a significant role in the franchise business. Franchisee maintenance justice mechanisms signify the importance of pre-sale information disclosure and provision principles in the initial stage of making pre-agreements. The article deals with certain controversies revealed in a franchise business caused by the absence of legal regulations at the pre-contractual stage. It emphasizes the lack of a mechanism to protect franchisees’ rights- information disclosed in the Franchise Disclosure Document. It contains recommendations on how to solve existing problems. As a result of observing different models of legal systems and regulations in the pre-contractual stage, it becomes necessary to integrate this new franchising system and pre-sale information disclosure into Georgian law. On the one hand, this study suggests implementing legislation and franchising regulations by combating several legal problems. On the other hand, the research accentuates the adopted model law on information disclosure, “UNIDRUA”, that will be a strongly recommended model contract for such a country as Georgia since it lacks a special law on franchising. The analysis based on this research can be applied by commercial organizations and entrepreneurs that run businesses in terms of franchising.

Restorative justice: Adopting a whole system approach to address cultural barriers in criminal justice

It is now 25 years since restorative justice was first introduced into criminal justice policy in England and Wales. It was hailed as a justice mechanism that could address the needs of both victims and offenders, reduce re-offending and decrease public expenditure. But despite (inter)national instruments mandating government and criminal justice agencies to provide restorative justice services, significant implementation and delivery gaps remain and victim participation continues to be low. Adopting a ‘whole system approach’ framework, this article analyses and syntheses extant scholarly literature which has examined the implementation and delivery challenges restorative justice faces in becoming embedded as a key criminal justice mechanism. The article argues that a ‘whole system’ approach, which involves systemic change and a fundamental cultural shift across the entire criminal justice system, is necessary to fully embed restorative justice within the criminal justice system. Until such an approach is implemented, victims will continue to be denied the opportunity to participate in restorative justice and it will remain an optional extra justice mechanism.

Self-interest overrides rank-reversal aversion in resource distribution

The equitable allocation of resources has long been a central concern for humanity, prompting extensive research into various motivations that drive the pursuit of distributive justice. In contrast to one of the most fundamental motives, inequality aversion, a conflicting motive has been proposed: rank-reversal aversion. However, it remains unclear whether this rank-reversal aversion persists in the presence of self-rank. Here we provide evidence of rank-reversal aversion in the first-party context and explore diverse moral strategies for distribution. In a modified version of the redistribution game involving 55 online-recruited participants, we observed rank-reversal aversion only when one’s rank was maintained. When participants’ self-rank was altered, they tended to base their behavior on their new ranks. This behavioral tendency varied among individuals, revealing three distinct moral strategies, all incorporating considerations of rank-reversal. Our findings suggest that rank-reversal aversion can indeed influence one’s distribution behavior, although the extent of its impact may vary among individuals, especially when self-rank is a factor. These insights can be extended to political and economic domains, contributing to a deeper understanding of the underlying mechanisms of distributive justice.

Institutional and Agentic Mechanisms of Educational Mobility Justice in Study Abroad

ABSTRACT This qualitative study investigates the pathways that first-generation, low-income, ethnoracially minoritized college students create and navigate to access and sustain their presence in study abroad. Using a counter-storytelling approach and semi-structured interviews, the study reveals the significant role of campus TRIO Student Support Services programs in expanding students’ perceptions of what is possible. By applying the theoretical framework of educational mobility justice, this research demonstrates how these supportive efforts, combined with students’ agency, enable them to creatively navigate structural barriers like class that often limit their mobility imaginaries. The study critically engages with the broader landscape of U.S. higher education, highlighting the complexities and inequalities inherent in study abroad. It challenges deficit-oriented narratives that have traditionally explained the underrepresentation of historically marginalized students in study abroad, instead emphasizing the strengths and agency of these students in shaping their educational journeys. This research contributes to a more nuanced understanding of mobility in the context of international education.

Touring Absences, Erasures, and Futures in the Unholy Land: A Religiously Literate Diasporic Reading of Palestine/Israel

Abstract This article examines a decolonial approach to teaching a course on Palestine/Israel involving experiential travel to the region. A decolonial syllabus studies absences, erasures, the multiple intersecting mechanisms and matrices of violence, and alternative futures as they inhabit subordinated pasts (histories) and the present in various activist spaces. We expand on other decolonial learning-in-context by underscoring the need for religious literacy. This is especially urgent because the land is a destination for apocalyptic, messianic, and birthright tourism designed to confirm and reinforce people’s redemptive scripts and fantasies about the land. The objective of the decolonial approach is not “metaphorical.” It is to dismantle the oppression of Palestinians, institute mechanisms for restorative justice, and draw ethical political maps. It is also hermeneutical, denoting the urgent need to dezionize Jewish consciousness. This article centers on those dimensions of our work that engage with pathways for decolonial Jewish political ethics in Palestine.

Editors’ Introduction

Abstract Civil society has long been a key actor in the pursuit of accountability. Moreover, civil society has often helped define what accountability is and how to achieve it. This symposium looks at various contributions made by civil society organizations to the international justice landscape. First, as pioneers in establishing international tribunals or justice mechanisms and intervening in cases before them, and secondly, through contributing to emerging alternative processes. These processes include vetting, sanctions, cases focused on civil liability of alleged perpetrators, and the establishment of People’s Tribunals. These avenues are proving to be innovative ways to fulfil many important goals of accountability, in the face of a slower-moving criminal justice system. This symposium offers diverse perspectives on civil society contributions to today’s expanding accountability efforts — provided by those working in them — as an opportunity to consider the current, and arguably shifting, justice infrastructure.

Civil Society and International Accountability

Abstract The role of Civil Society Organizations (CSOs) in pursuing accountability for atrocity crimes through international law is more diverse than ever before, and the breadth of CSO activities and the modalities of their engagement with international justice institutions has been overlooked in the scholarship to date. This article explores various CSO approaches to advancing accountability, including at the International Court of Justice (ICJ), International Criminal Court (ICC), investigative mechanisms (for Syria, Myanmar, and Iraq), and selected United Nations treaty bodies and regional human rights courts. Civil society actors take on many roles, including as advocates, documenters, analysts, victims’ representatives, and international law experts. While often described as indispensable to international justice efforts, the relationship between civil society and formal justice mechanisms remains novel and can feel incongruous with traditional and ostensibly independent and impartial legal processes. This is evolving as CSOs enter traditional international justice spaces in diverse ways. This article provides a framework to understand the modalities of CSO engagement with international legal processes, as well as critical challenges.

Making or breaking the cycle of corruption: Exploring the impact of transitional justice on corruption in postconflict countries

Does the implementation of transitional justice (TJ) mechanisms such as trials, truth commissions, and institutional reforms reduce corruption by enhancing accountability, building trust, and creating a culture of deterrence? Although prior work has studied whether economic crimes should be included in TJ agendas, TJ’s potential to address corruption has been mostly overlooked. On the one hand, theory suggests that TJ could reduce corruption; yet, on the other, it indicates that TJ mechanisms are not effective enough at solving deep-rooted corruption. Testing these opposing arguments using data from 106 postconflict countries that experienced conflict between 1946 and 2006, I find that the implementation of TJ and corruption are not statistically associated. However, when I further investigate this relationship with only “well-implemented” TJ mechanisms, purges are found to be negatively associated with political corruption and amnesties are positively associated with regime corruption.

A turning-point for transitional justice? Political violence in Zimbabwe, and transformative justice as a way forward

Since 2000, elections in Zimbabwe have been hotly disputed and marred by violence. Victims of politically orchestrated violence have received neither apology nor compensation from the government. Whilst transitional justice mechanisms such as the due processes of law, closure for victims, indemnification, and the restructuring of state institutions are essential to ensure justice, there is a need to go beyond the legal system and focus on socio-economic issues. Transitional justice's emphasis on the state and institutions is not enough, margins, places greater emphasis on transformative justice, which it sees as a step towards grassroots reconciliation and the prevention of further rights violations. Transformative justice emphasises peacebuilding initiatives, as well as conflict transformation and development, in the interests of securing sustainability in the future. The study does not dismiss or reject transitional justice as a field of practice and scholarship, but argues rather that transformative justice can complement it. While transitional justice should be applauded for identifying the core themes that characterise and establish a terminus a quo for ensuring justice, the dilemmas raised in allied disciplines and contemporary scholarship and practice call for a broader framework informed by an intersectional analysis of the complexities and contradictions of state -society relations.

Reconciling Cultural Values with Legal Principles: Traditional African Justice Systems in Contemporary Context

This comprehensive study delves into the fundamental principles of the traditional African justice system, juxtaposing it against the broader philosophical and jurisprudential evolution of the concept of justice. Drawing on a robust literature review, the article uncovers the unique features that set African justice mechanisms apart from formal court systems - the central role of community leaders, active community participation, and a focus on reconciliation and harmony. Tracing the concept of justice from ancient Greece to the present day, the study situates the African approach within this broader context. It explores diverse conceptions, from natural justice to economic, social, and corrective justice, and how they have been interpreted and applied in the African context. Crucially, the article reveals how traditional systems have often filled the gap between community needs and formal legal services. The findings suggest that the guiding principles of reconciliation and community harmony, which underpin the African justice model, offer invaluable insights for developing more holistic and inclusive justice systems. In an era of globalization, these insights could inform the pursuit of social cohesion and the common good, presenting a compelling alternative to the individualistic orientations of mainstream justice frameworks. Through its in-depth analysis and interdisciplinary approach, this study makes a significant contribution to the understanding of traditional African justice, its resilience, and its potential relevance in the contemporary world. The article's rich, sharp, and well-crafted narrative offers policymakers, scholars, and practitioners a vital resource for exploring innovative pathways to justice that prioritizes community-centric values.

Measuring and understanding contemporary English educational inequalities

Abstract This commentary argues that educational inequality is not one thing but an intricate and complicated amalgam of many different factors. The dominant political view regarding education is one that accepts the efficacy of the market, and does not question the consequences of the preoccupation with performativity and outcomes for learning processes and pedagogy. Furthermore, there has been a general endorsement rather than challenge of social mobility as the main mechanism of social justice in education, an acceptance of private schools, and an influential movement within the discipline that promotes the notion of knowledge as power rather than any strong concern with analysing and understanding the workings of power within education. I will focus on all these trends and their consequences for educational inequalities, taking a multi-disciplinary approach that brings together insights from sociology and psychology as well as education. However, first I will examine the issue of measurement in relation to educational inequalities.

The Facade of Justice: Transitionless Transitional Justice of Ethiopia

The Ethiopian government has committed to a transitional justice process to address gross human rights violations through investigation, prosecution, truth-finding and revelation, reconciliation, conditional amnesty, reparation, and institutional reforms. Despite these efforts and international support, this mechanism will unlikely resolve Ethiopia's political and security issues. The government's lack of intent to cease ongoing conflicts and its continued human rights violations hinder effective participation in implementing the transitional justice process. Furthermore, the involvement of non-state and foreign actors, which are beyond the state’s authority, in gross human rights violations undermines accountability. Victims and witnesses in conflict zones face significant barriers to participation due to the government's limited reach and fear of retribution. Gross human rights violations by the government and the Ethiopian National Defense Force raise doubts about the accountability of civil and military leaders through a government-controlled transitional justice mechanism. To address these challenges, the current government should relinquish power to a transitional government to mitigate undue influence on the justice process, cease hostilities, and hold officials accountable. If the government resists establishing a transitional government, a hybrid court with foreign judges and prosecutors should handle high-profile cases, while domestic courts, with strict measures to ensure impartiality and independence, should address other cases.